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制定“矿业安全与健康法”首要问题是安全立法的目的和方向。不能止于劳动价值理论的研究,应开发劳动关系两重性原理:以契约为主的劳动关系,是人与物的经济关系以及由此引起的人与人的社会关系两者的结合体。根椐两重关系原理,可以界定市场与政府分工,根据这种分工以明晰生产安全与劳动安全的界限。为了经济效率的生产安全,属生产力范畴,应由市场配置;为了社会公平的劳动安全,属生产关系范畴,应由政府强制。矿业安全立法取向为劳动者基本人权的劳动安全,不得与生产安全并轨或交叉,但必须与劳动健康整体推出。
The primary issue in formulating the “Law on Mining Safety and Health” is the purpose and direction of safety legislation. The theory of duality of labor relations should not be limited to the study of the theory of labor value. The labor relation based on contract should be the combination of the economic relationship between human and material and the social relationship between people. Based on the principle of dual relations, the division of labor between the market and the government can be defined. According to this division of labor, the boundaries of production safety and labor safety are clarified. For economic efficiency, production safety should be allocated by the market in terms of productivity. For the sake of social fairness in labor safety, it belongs to the category of production relations and should be imposed by the government. The orientation of mining safety legislation is the labor safety of laborers’ basic human rights. They should not merge or cross with the safety of production, but must be integrated with the general health of labor.